B-0006-19

Re: Changes to the Automobile Burglary and Theft Prevention Authority and Fee (HB 2048 and SB 604); Form and Rate Filings

House Bill 2048 and Senate Bill 604, 86th Legislature, Regular Session (2019), made changes related to the Automobile Burglary and Theft Prevention Authority (ABTPA). By law, insurers must pay a fee to the ABTPA. TDI's rule allows—but does not require—insurers to recoup all or part of that fee from policyholders.

HB 2048 increases the fee from $2 to $4 per motor vehicle each year, effective for insurance policies issued, delivered, or renewed on or after September 1, 2019.
SB 604 changes the name of the ABTPA to the Motor Vehicle Crime Prevention Authority (MVCPA). It also moves the statutory language for the ABTPA to the Transportation Code.

FAQs

Do I need to file rates?

TDI rules require insurers to submit a rate and rule filing if they will pass on any of the fee to policyholders. The filing should include the manual page or fee schedule showing the revised name and amount of the fee. If the only changes are the name and the amount of the fee, the insurer is not required to provide supporting information and rate filing exhibits.

Do I need to file forms?

To continue using any form that cites the fee, the insurer must file an amended version changing the $2 fee to $4, per HB 2048, or use brackets for a variable amount. This includes declarations pages, endorsements, or other forms. To add the MVCPA fee to a different form, the insurer must file it.

If the insurers’ declarations page or other forms mention the ABTPA, the insurer must update them to the MVCPA, per SB 604.

Is there an expedited form filing process?

TDI is prioritizing approval of form filings that make only the changes required to comply with the new law. Most insurers that TDI anticipated would need to make changes have already filed and received approval. TDI expects the remaining affected insurers to make a diligent effort to quickly submit filings so they can be approved by September 1, 2019. Filings that contain changes other than those required to comply with the new law will be reviewed according to TDI’s normal procedures.

We will review and approve revised forms quickly if the insurer:

Makes no changes other than to replace the notice language with TDI’s plain language version:

Your payment includes a $[_______] fee per vehicle each year. This fee helps fund: (1) auto burglary, theft, and fraud prevention, (2) criminal justice efforts, and (3) trauma care and emergency medical services for victims of accidents due to traffic offenses. By law, this fee funds the Motor Vehicle Crime Prevention Authority (MVCPA).

Adds this statement to the Filing Description field (under the General Information tab) in SERFF:

The only change to the form in this filing is to update the notice language using the plain language version offered by TDI.

What if the insurer does not elect to use the version of the notice language shown above?

To revise the current notice to create a plain language version of the notice that is consistent with HB 2048 and SB 604, the insurer should:

change $2 to $4, or use brackets for a variable amount;
change “Automobile Burglary and Theft Prevention Authority” to “Motor Vehicle Crime Prevention Authority”; and
update or remove the statutory reference.

As part of the Commissioner’s plain language campaign, TDI put together a webpage of writing resources.

Will TDI update the rule?

In 2020, we plan to update the rule that requires notice of the fee (Title 28 Texas Administrative Code Section 5.205). The updated rule will reflect the change in the amount of the fee and will update the reference from the ABTPA to the MVCPA.

Questions?

Send rate/rule filing questions to the Property and Casualty Actuarial Office at 512-676-6700 or PCActuarial@tdi.texas.gov.

Send form filing questions to the Property and Casualty Lines Office at 512-676-6710 or PropertyCasualty@tdi.texas.gov.